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CHANGE AND CHALLENGE:

CHANGE AND CHALLENGE:. The justice system reform process in Latin America. LAC SURF. JUSTICE SYSTEMS IN LATIN AMERICA . Civil Law Systems Until the ‘90s, no major changes since the time of Spanish colonization Deep crisis of legitimacy and credibility during the ‘70s and ‘80s

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CHANGE AND CHALLENGE:

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  1. CHANGE AND CHALLENGE: The justice system reform process in Latin America LAC SURF

  2. JUSTICE SYSTEMS INLATIN AMERICA • Civil Law Systems • Until the ‘90s, no major changes since the time of Spanish colonization • Deep crisis of legitimacy and credibility during the ‘70s and ‘80s • New international and regional legal framework on HR

  3. PLAN OF PRESENTATION PART 1 Justice reform for building rule of law PART 2 Confronting new and old obstacles

  4. PART ICONSOLIDATING THE RULE OF LAW2 GROUPS OF REFORMS: A. Strengthening the independence of the Judiciary (separation of powers) B. Ensuring due process of law

  5. A MORE INDEPENDENT JUDICIARY New selection processes for selection of magistrates Judicial Education A MORE EFFICIENT PROSECUTIONOF CRIME Autonomy of the Attorney- General’s office (Public Ministry) from the Executive Power “Functional direction” of the investigative police SEPARATING THE JUSTICE SYSTEM FROM POLITICAL POWER

  6. ENSURING DUE PROCESS OF LAW(Reforms in Criminal Procedure Codes) • Trial / hearings (juicio oral y público) • Ensure defendants’ basic rights / Public Defence bodies • Victims’ rights • Non-violent and alternative dispute resolution mechanisms • Simplification of procedures

  7. PART IICONFRONTING NEW AND OLD OBSTACLES • A. Structural problems not solved • B. New obstacles due to changes in democracy and globalization

  8. POLITICAL Reforms in a framework of a “clientelistic” political system Corruption SOCIAL Uneven access to justice Criminalization of the poor / social protests PERSISTING STRUCTURALPROBLEMS CULTURAL Reluctance to change Reluctance to accept cultural plurality

  9. CHANGES IN DEMOCRACY Increasing role of civil society Demands of self-regulation GLOBALIZATION HR standards for the region and for the globe Economic integration processes The example of the security sector FACING NEW OBSTACLES

  10. CONCLUSIONS / LESSONS LEARNED • Reforming the justice system in developing countries, we build democracy • Justice system reform is a process, it takes time and all actors should be involved • Law reform is not enough, administrative and other adjustments have to be implemented as well • Independence of the judiciary, cultural change may take a generation

  11. CURRENT ROLE Important role in post-conflict situations Less important intervention in other countries - consensus building approach - punctual interventions FUTURE ROLE Strategic view and planning - take advantage of our credibility and political role - focus on more disadvantaged people - build strategic partnerships at the national and regional levels Face new challenges - Increase role in the security sector reform - Regional integration THE ROLE OF UNDP

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